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Brian McGrath counsels companies on a wide range of complex commercial legal issues. Over the course of his career, Brian has helped clients navigate litigation involving financial services, intellectual property, antitrust, and white collar criminal investigations. An outside of the box thinker, Brian partners with his clients to provide them with simple, tailored solutions for their legal problems.

In recent years, Brian has leveraged his broad experience to focus on serving clients in the financial services industry. He works with a number of financial institutions—including mortgage loan servicers—regarding lender liability and consumer protection statues. He also handles complaints concerning the Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA), as well as regulatory issues involving Consumer Financial Protection Bureau (CFPB) enforcement actions.

Brian began his career with a prominent international law firm, representing clients in high-stakes commercial litigation matters in a variety of business sectors. In addition to handling landmark biotechnology patent litigation, Brian defended the interests of professional athletes in sports labor law matters involving the NFL and NBA Player's Associations. He also previously served as a Special Assistant District Attorney in the Kings County District Attorney's Office.

Before joining Hinshaw, Brian bolstered his financial services industry knowledge and litigation experience in the New York office of a New Orleans-based firm. In addition to championing the diversity and inclusion efforts at his former firm, Brian was the Managing Partner for the New York office.

Professional Affiliations

  • Leadership Council on Legal Diversity
  • New York City Bar Association
    • LGBT Rights Committee, Secretary, 2007 – 2010
  • New York State Bar Association

Honors & Awards

  • Professional
    • Distinguished Service Award, Boy Scouts of America – Order of the Arrow, 1998
  • Academic
    • University at Buffalo School of Law
      • Order of Barristers

Representative Matters

  • Mortgage Servicing & Lender Litigation
    • Represented a leading New York mortgage servicer trade organization in an amicus filing to the New York Court of Appeals to hear and settle a matter of great significance regarding how the statute of limitations is calculated for mortgage foreclosure actions.
    • Defended large financial services institutions in a federal action seeking relief from purported violations of a pooling and servicing agreement for mortgage backed securities. Obtained a dismissal of all charges in the district court, and the ruling was affirmed by the Second Circuit.
  • Patent Litigation
    • Represented a large biotechnology company in connection with landmark patent litigations. The United States Supreme Court ultimately ruled in the client's favor and established that an extant licensee to a patent has Article III standing to challenge a patent.
  • Arbitration
    • Obtained successful decisions on behalf of a major pharmaceutical provider, entitling it to full payment. Represented client in a series of arbitrations throughout the country relating to improper withholding of co-payments pursuant to the Medicare Part D program.

Presentations

  • "Effective Mortgage Litigation Strategies," 2019 Consumer Finance Legal Conference, New Orleans, Louisiana, October 16, 2019
  • "Recent Developments in Debt Collection Litigation and Enforcement: Identifying and Avoiding the Latest Risks," ACI's 31st National Forum on Consumer Finance Class Actions and Government Enforcement, Chicago, Illinois, July 23, 2019
  • "Hotbed Statute of Limitations Jurisdictions: Drawing the Line on Date of Breach, Foreclosure Nuances, and Default Notices," ACI's 25th National Forum on Residential Mortgage Regulatory Enforcement & Litigation, Dallas, Texas, October 23, 2018
  • "The Evolving Statute of Limitations Landscape in CA, FL, TX and NY Mortgage Litigation," 2018 Consumer Finance Legal Conference, New Orleans, Louisiana, October 18, 2018
  • "Developing Jurisprudence on Statute of Limitations in New York, California and Florida, and Impact on Mortgage Litigation," 2017 Consumer Finance Legal Conference, New Orleans, Louisiana, October 13, 2017
  • "Addressing Statute of Limitations Challenges Relative to Default, Loan Acceleration, and Foreclosure Challenges," ACI's 24th National Forum on Residential Mortgage Regulatory Enforcement & Litigation, Dallas, Texas, September 26, 2017

Publications

  • "The Rise of Statute of Limitations Challenges in New York Mortgage Foreclosure Actions," The Review of Banking & Financial Services, February 2019

News

Personal

Brian grew up on a small family farm in upstate New York, which he now owns with his husband. Brian loves travelling, theater, and a good roller coaster. An avid dog-lover, Brian freely admits he gets bossed around by his dachshund, Max.

Community/Civic Activities

  • Development Authority of the North Country, Board of Directors
  • SUNY Oswego College Council, Board of Directors

J.D., magna cum laude, University at Buffalo Law School, 2000

B.A., The State University of New York at Geneseo, 1996